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VINEYARD v. SOUTHWEST ENGINEERING & CONTRACTING

No. 1 CA-CIV 3130.

117 Ariz. 52 (1977)

570 P.2d 823

Jesse R. VINEYARD and Joan E. Vineyard, husband and wife, Appellants, v. SOUTHWEST ENGINEERING AND CONTRACTING COMPANY, INC., and Ward Engineering, Inc., dba Southwest-Ward Engineering, a partnership, Appellees.

Court of Appeals of Arizona Division 1, Department B.

Rehearing Denied October 7, 1977.

Review Denied November 4, 1977.

Attorney(s) appearing for the Case

Barber, Haralson & Kinerk by Dale Haralson, Richard M. Davis, Tucson, for appellants.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.C. by J. Victor Stoffa, Phoenix, for appellees.

OPINION

SCHROEDER, Presiding Judge.

This is an action by an injured employee to recover damages directly from his employer for an industrial accident. The employee has applied for and received workmen's compensation benefits, and both the parties agree that normally such benefits would provide the employee's exclusive remedy as against the employer. A.R.S. §§ 23-906 and 23-1022. The employee nevertheless seeks to maintain this action as a breach...

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